Enforcement of Investment Arbitration Awards: Problems and Solutions

3 Baku St. U. L.Rev. 40 (2017)
Article language: English.

International investment arbitration is one of the main dispute resolution methods among investors and host states. It provides investors with a non-political way to obtain awards and enforce them. However, in the enforcement stage they experience some problems based on both international and national rules. Nowadays, different solutions are applied to avoid those problems and provide smooth enforcement of arbitral awards. In this article, the problems of enforcement of investment arbitration awards and solutions of those problems are analyzed based on the current statutory rules and practices. Although it is concluded that the current solutions are usually sufficient for avoiding of problems of enforcement, in order to avoid those problems entirely, especially the problem arising from State immunity bar of host states, the author suggests; adding provision on waiver of sovereign immunity from execution into both the ICSID Convention and the New York Convention; pursuing a negotiation of a post-award settlement.

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